ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019624
Parties:
| Complainant | Respondent |
Anonymised Parties | A Manager | A Restaurant |
Representatives | Self-Represented | Did not attend the Hearing or submit evidence. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00025997-001 | 04/02/2019 |
Date of Adjudication Hearing: 19/08/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The issue in contention concerns the alleged Redundancy of the Complainant by a Restaurant. |
1: Summary of Complainant’s Case:
The Complainant was employed from the 27th March 2015 to the 1st March 2018. The business ceased operations and no Redundancy was paid. Detailed tax documentation was produced to support the case. |
2: Summary of Respondent’s Case:
No attendance made and no evidence offered. I was satisfied that proper notice of the Hearing had been served. |
3: Findings and Conclusions:
On the basis of the Oral evidence and the limited Taxation /Employment records produced I am satisfied that the Complainant was employed for the period from 27th March 2015 to the 1st March 2018. Accordingly, Statutory Redundancy is payable at the hourly rate of € 9.55 per hour from the 27th March 2015 to the 1st March 2018. While no exact employment history was available, I estimated, based on the taxation Records and Oral evidence, that the Complainant worked an average 25-hour week -i.e. a weekly wage of €238.75. Schedule Three of the Redundancy Payments Act, 1967 applies. Statutory Redundancy is accordingly due to the Complainant. |
4: Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I direct that Statutory redundancy be paid for the stated periods (27th March 2015 to the 1st March 2018) at a weekly rate of € 238.75. (This figure may be revised by the Department of Social Protection based on their available records.)
The exact final Lump Sum amount to be determined with regard to the Regulations set out by the Department of Social Protection.
Dated: 25th September 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee